The owner of a dam is required to maintain the structure in good condition, and notify the Department of Environmental Management upon the sale or transfer of ownership of the structure. The Department has the authority to assign hazard classifications to dams, grant permits for the construction, reconstruction, or alteration of dams, and investigate existing structures.
This legislation does not apply to:
- Dams built for the sole purpose of erosion control, watering livestock, recreation, or providing a haven or refuge for fish or wildlife;
- Dams with a drainage area area above the dam of more than 1 square mile;
- Dams more than 20 feet in height
- Dams with a volume of more than one hundred (100) acre-feet of water
- Dams regulated under the federal Mine Safety and Health Act of 1977, unless the structure is proposed to be retained as a permanent structure after bond release.